Jamila Malar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 01/06/2023

CORAM

The Hon'ble Mrs.Justice R.THARANI Jamila Malar, ... Petitioner Vs.

The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

... Respondent PRAYER :- Criminal Original Petition is filed under Section 482 Cr.P.C. to direct the Learned Judicial Magistrate, Eraniel, to expedite the Trial in C.C.No.204/2015 which is pending for adjudication within a stipulated time fixed by this Court.

For Petitioner : M/s.Brijesh Kishore B, Advocate.

For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) 1/4

ORDER

This criminal original petition has been filed seeking direction to the Learned Judicial Magistrate, Eraniel, to expedite the Trial in C.C.No. 204/2015 which is pending for adjudication within a stipulated time fixed by this Court.

2.On the side of the petitioner, it is stated that this Court has passed a direction to dispose of the case C.C.No.204 of 2015, pending on his file, within six months from the date of that order i.e., on 07.01.2020, in Crl.O.P.(MD).No.7045 of 2016. But, even then the Lower Court failed to dispose of the case within a time frame. The counsel for the petitioner prays that the time frame to be fixed for the disposal of the case.

3.On the side of the prosecution it is stated that prosecution witnesses were all examined and the matter is posted for 313 Cr.P.C. questioning on 27.07.2023.

4.It is seen that the learned Judicial Magistrate, Eraniel, has given 2/4

long adjournment and he failed to comply the directions of this Court. 5.The learned Judicial Magistrate, Eraniel, is hereby directed to dispose of the case in C.C.No.204 of 2015, pending on his file, within a period of four months from the date of this order (i.e., 01.06.2023.) . Non complaince of the order of this Court will be viewed seriously. Registry is directed to sent a copy of this order to the concerned Magistrate. 6.With the above said directions, this criminal original petition is allowed.

01.06.2023 Index : Yes/No Internet : Yes/No TM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1. The Judicial Magistrate, Eraniel.

2. The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District..

3/4

R.THARANI,J., TM

ORDER

IN CRL OP(MD) No.8349 of 2023 Date : 01/06/2023 4/4